Denial Procedures

Initial Denial

Once the Certification Specialist has determined whether the applicant carried its burden as to affirmatively establishing that it meets the regulatory requirements of 49 CFR Part 26 Subpart D, a recommendation will be made to the Certification Review Team. If the Certification Review Team determines that an applicant’s request for certification lacks merit, the Executive Director or General Counsel will notify the company in writing, specifically listing the regulatory criteria the applicant failed to establish.

Applicant firms may be denied certification based on a failure to meet any legal requirement pertinent to conducting business in the Commonwealth of Massachusetts. Notwithstanding, all applications will be evaluated without delay in accordance with the regulatory requirements of 49 CFR Part 26, except where the applicant firm cannot produce evidence that it has complied with state laws, such as those related to licensing requirements, necessary to establish ownership and control.

For denials, SDO’s Legal Counsel will prepare a letter to the applicant, based on the report, explaining the reasons for the denial with specific references to the documentation on file.

An initial denial affords the applicant the opportunity to appeal SDO’s decision to the USDOT without any right to a local hearing or appeal. SDO’s Executive Director or General Counsel notifies the company, by certified mail, of its determination, the address at USDOT to send its appeal and that it has 90 days from the date of receipt of notice to appeal.

If a firm’s application is denied, it may reapply to SDO not sooner than eleven (11) months from the date of the final decision. Additionally, the SDO shall make an entry in the Department of Transportation Office of Civil Rights’ Ineligibility Determination Online Database, listing the applicants firm’s name, name(s) of owner(s), type and date of action, and the reason for the action.